The High Court of Jammu & Kashmir and Ladakh has reaffirmed that the provisions of Section 329 of the Code of Criminal Procedure (CrPC), which govern the trial procedure for accused persons with unsound minds, can only be applied after charges have been framed. This ruling came in response to a petition challenging the dismissal of an application seeking an inquiry into the mental health of the accused.
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Justice Sanjay Dhar, presiding over the case, held that a trial court does not have the authority to entertain an application under Section 329 CrPC before the formal commencement of the trial. The ruling was made in a petition filed by Johar Mehmood, an accused suffering from mental illness, who sought an inquiry into his mental health status.
Background of the Case
The case originated from an FIR registered under Section 302 of the Indian Penal Code (IPC), concerning a murder charge against the petitioner, Johar Mehmood. Lodged in District Jail Amphalla, Jammu, Mehmood’s application for a mental health inquiry was initially filed under Section 328 CrPC before the Judicial Magistrate First Class (JMIC), Jammu. His mother, Rashida Begum, contended that her son was incapable of defending himself due to his unsound mind.
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However, on August 12, 2024, the JMIC dismissed the application on the ground that the case had already been committed to the Principal Sessions Judge, Jammu, thereby falling outside the magistrate's jurisdiction. Following this, Mehmood approached the High Court, which directed him on August 30, 2024, to file an application under Section 329 CrPC before the Sessions Court.
High Court’s Observations and Ruling
The Principal Sessions Judge subsequently rejected the application on October 22, 2024, reasoning that the trial had not yet commenced and that the accused appeared to be using the application as a tactic to delay proceedings. This led Mehmood to seek relief from the High Court.
Justice Dhar, after examining the legal provisions and hearing both parties, clarified the applicability of Section 329 CrPC. The court highlighted that:
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"It also needs to be noticed that the trial of a case commences upon framing of the charges. Therefore, Section 329 of the CrPC would come into play only after the framing of the charges and not prior to that."
The court elaborated that Section 329 operates at different stages:
- Sub-section (1): This applies before the conclusion of the prosecution's evidence if it appears that the accused is incapable of making a defense due to unsoundness of mind.
- Sub-section (2): This applies after the prosecution's evidence is closed when the accused enters the defense stage. If the court finds the accused incapable of defense, it can either discharge them if no prima facie case exists or postpone the trial for further treatment.
Since the charges against Mehmood had not yet been framed, the court upheld the Sessions Judge's decision to dismiss the application as premature. However, it refrained from commenting on the merits of Mehmood’s mental health claim.
Recognizing the importance of fair trial principles, Justice Dhar directed the trial court to reconsider Mehmood’s application afresh once the trial formally begins:
"The trial court shall decide the application without being influenced by its previous observations on the merits of the case."
This ensures that Mehmood's mental health status will be assessed at the appropriate procedural stage, preserving his legal rights under Section 329 CrPC.
Case Title: Johar Mehmood Vs UT Of J&K
